BNS §5

Commutation of sentence

ModifiedConfidence: mediumStatus: editor verifiedconsolidation context(precautionary)cross statute dependency(precautionary)
Last updated 2026-05-01 · Input coverage: full

Compiled by AI-assisted tools. Text verified against official sources where indicated. Field-level labels (AI-indicated / AI-inferred / Text-verified) apply per edge metadata. Verify current bail/cognizable status against official sources before relying on procedural claims. Last updated: 2026-05-02.

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Comparison

Old law
IPC §55
Commutation of sentence of imprisonment for life

55. Commutation of sentence of imprisonment for life.—In every case in which sentence of 7[imprisonment] for life shall have been passed, 8[the appropriate Government] may, without the consent 1. Ins. by Act 8 of 1942, s. 2. 2. Subs. by Act 26 of 1955, s. 117 and the Sch., for “Secondly.—Transportation” (w.e.f. 1-1-1956). 3. Cl. Thirdly omitted by Act 17 of 1949, s. 2 (w.e.f. 6-4-1949). 4. Ins. by Act 26 of 1955, s. 117 and the Sch. (w.e.f. 1-1-1956). 5. Subs. by Act 36 of 1957, s. 3 and the Second Sch., for “1954”. 6. Subs. by the A.O. 1950, for “the Central Government or the Provincial Government of the Province within which the offender shall have been sentenced”. The words in italics were subs. by the A.O. 1937, for “the Government of India or the Government of the place”. 7. Subs. by Act 26 of 1955, s. 117 and the Sch., for “transportation” (w.e.f. 1-1-1956). 8. Subs. by the A.O. 1950, for “the Provincial Government of the Province within which the offender shall have been sentenced”. The words in italics were subs. by the A.O. 1937, for “the Government of India or the Government of the place”. consent of the offender, commute the punishment for imprisonment of either description for a term not exceeding fourteen years.

New law
BNS §5
Commutation of sentence

The appropriate Government may, without the consent of the offender, commute any punishment under this Sanhita to any other punishment in accordance with section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

What changedAI-inferred

BNS Section 5 carries the entitlement inside a general commutation power covering any punishment under the Sanhita. The procedural anchor shifts to section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The 14-year cap that was text-anchored in IPC 55 is not reproduced in the BNS 5 substantive text; whether the cap is preserved in BNSS section 474 is a downstream question pending verification.

Old position

IPC Section 55 gave the appropriate Government a life-imprisonment-specific commutation power: where a sentence of imprisonment for life has been passed, the Government may — without the consent of the offender — commute the punishment for imprisonment of either description for a term not exceeding fourteen years.

New position

BNS Section 5 carries the entitlement inside a general commutation power covering any punishment under the Sanhita. The procedural anchor shifts to section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The 14-year cap that was text-anchored in IPC 55 is not reproduced in the BNS 5 substantive text; whether the cap is preserved in BNSS section 474 is a downstream question pending verification.

Editorial deltaAI-indicated (source-linked)

IPC Section 55 mirrored IPC 54 for life-imprisonment sentences with one substantive difference: an explicit 14-year ceiling on the commuted imprisonment term. BNS Section 5 absorbs IPC 55 into the general commutation power covering any punishment under the Sanhita. The substantive entitlement (commutation of life imprisonment by the appropriate Government, without the offender's consent) is preserved. The procedural anchor moves to section 474 of the Bharatiya Nagarik Suraksha Sanhita, 2023; whether the 14-year cap is preserved there is a downstream verification question and is flagged as a cross-statute dependency. Per the project doctrine, a textual shift in location does not become a legal-change finding without the downstream anchor verified — so the relationship stays at substantively_same, with the cap-status noted in change_note prose and flagged for reviewer attention.

Transitional note (repeal & savings)

For matters initiated before 1 July 2024, IPC 55 continues to apply. For matters from that date forward, BNS 5 applies. The transition is governed by the repeal-and-savings clause in the new code (BNS 358 / BNSS 531 / BSA 170 as the case may be); pending proceedings under the old code carry forward in their existing frame.

Frequently asked

BNS Section 5. It carries the IPC 55 life-imprisonment commutation entitlement inside a general commutation power covering any punishment under the Sanhita.

Sources

Cite this page

Newlaws.in, IPC §55 → BNS §5 Mapping Page, last updated 2026-05-01, accessed 2026-06-14, https://newlaws.in/bns/5.

Compiled using AI-assisted tools · Source-linked · Last updated 2026-05-01

Not legal advice. Verify against the bare act and consult a qualified advocate for any specific matter.